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HomeMy WebLinkAboutminutes.council.19900409Regular Meeting Aspen City Council April 9, 1990 PROCLAMATION - Earth Day 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 4 CONSENT CALENDAR RFTA 1989 FINAL SUPPLEMENTAL BUDGET APPROPRIATION 5 ORDINANCE #14, SERIES OF 1990 - Oblock Subdivision 6 ORDINANCE #15, SERIES OF 1990 - Library Rezoning to O, . 7 Office ORDINANCE #1~, SERIES OF 1990 - Van Deusen Condominiumiza- tion . 9 ORDINANCE #17, SERIES OF 1990 - Historic Designation 10 ORDINANCE #20, SERIES OF 1990 - Code Amendment Section 19 10 ORDINANCE #21, SERIES OF 1990 - Marolt Project Bonds 10 ORDINANCE #22, SERIES OF 1990 - Appropriations 11 ORDINANCE #23, SERIES OF 1990 - Liquor License Training 11 MAROLT/M.A.A. LEASE; MAROLT HOUSING AUTHORITY LEASE 12 ORDINANCE #19, SERIES OF 1990 - Water Tap Fee Increase 12 HADID CONSTRUCTION SCHEDULE 13 HADID REQUEST FOR OFFICES AT GRAND ASPEN HOTEL 15 ORDINANCE #26, SERIES OF 1990 - Ute Trail Townhouses Sub- division 15 HIGHWAY 82 DESIGN LETTER 17 PARKING GARAGE TENANT 18 CITY-OWNED DUPLEXES - 705/707 Cemetery Lane 19 BOARDS AND COMMISSION APPOINTMENTS 19 21 Regular Meeting Aspen City Council April 9, 1990 Mayor Stirling called the meeting to order at 5:02 p.m. with Councilmembers Tuite, Pendleton, Gassman and Peters present. PROCLAMATION - Earth Day Mayor Stirling read into the record a proclamation declaring April 22nd as Aspen Earth Day and urging all citize ed athrou hou tuthe nesses to participate in the activities plann g Roaring Fork Valley. CITIZEN PARTICIPATION 1. Tom Isaac requested Council allocate up to $1500 out of the contingency to fund a reprinting of the guidebook of Aspen for the disabled. Isaac told Council last year they did a printing of 500 copies; these have all been distributed. Isaac said, these books are distributed at the Wheeler, hospital, and senior services center at no charge. Councilman Gassman asked if Isaac has looked into getting this printed with the other Chamber brochures. Councilwoman Pendleton moved to allocate $1500 out of contingency and ask they look into funding through the Chamber in future years ; seconded by Councilman Peters. All in favor, motion carried. 2. Roxanne. Eflin, planning office, told Council two people are coming from the National Trust for Historic Preservation from Washington D.C. to look at Aspen and to meet with the HPC. Ms. Eflin invited Council to meet with these representatives. Ms. Eflin told Council staff and HPC are seeking nominations for the third annual preservation awards which will be given during national preservation week. Ms. Eflin said there are 5 different categories. Nominations may be made by letter to the planning office. This year's preservation week is "Keeping America's Heritage". Ms. Eflin told Council the state's rehabilitation investment tax credit bill is on for the governor's signature. Ms. Eflin told Council this is a tremendous tool for historic preserva- tion and economic development. 3. Marcia Goshorn told Council the newspaper indicated she was one of the petitioners on an election complaint. Ms. Goshorn said her name was not on the petition. Ms. Goshorn said she does not feel there was election fraud; there was confusion and different interpretations of the law. Ms. Goshorn said the final campaign expenditure reports are not even in yet. Ms. Goshorn said on Council's agenda there is a request for special counsel to investigate these complaints. Ms. Goshorn said it may not be cost effective to hire a special counsel. Ms. Goshorn suggested waiting until the new city attorney takes office in May and let him do this work. 1 Reaular Meeting Aspen City Council April 9. 1990 COUNCILMEMBER COMMENTS 1. Mayor Stirling moved to reconsider the Wheeler film contract on the April 23 agenda to look at clause #1; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Pendleton. Motion carried. 2. Mayor Stirling said staff requested a work session on GIS mapping. Council scheduled this for May 21st at 5 p.m. 3. Mayor Stirling announced the ground breaking for the Marolt Ranch project tomorrow at noon. 4. Mayor Stirling said he attended a forest service meeting about the Independence Pass project and April 23 the city will be contributing a front loader and-dozer in order to get the project moving along. 5. Mayor Stirling said the city has received a request from the ACRA to place a member of Council on their search committee for a new president. Mayor Stirling said he does not feel it is appropriate for Council to be on the committee. Councilman Gassman said he doesn't think it is inappropriate; however, does not feel it is necessary. Councilmember Tuite agreed. 6. Mayor Stirling said the M.A.A. has sent a letter regarding transportation to and from Truscott place. Councilman Tuite told Council RFTA will be going over all the options and responding to the M.A.A. This was discussed at the last RFTA board meeting. 7. Mayor Stirling said the finance director has done an analysis on purchasing the half duplex owned by Elyse Elliott. Mayor Stirling said if there is no objection to the analysis and no objection to_the source of funding from the housing RETT, staff should proceed. Mayor Stirling moved to direct Bill Efting to pursue purchase of Elyse Elliott's duplex, exercising the city's right of first refusal, pursue the issue of the fireplace, determine the costs; the source of funds to be the housing RETT; seconded by Councilman Peters. All in favor, motion carried. 8. Councilman Tuite reported last week RFTA met with representa- tives of the city, county, and Town of Snowmass village to discuss the Ski Company contract. Councilman Tuite said RFTA has come up with a resolution to bring before the elected officials . This will be placed on the April 23 agenda. 9. Councilwoman Pendleton suggested having a town meeting once a year. Councilwoman Pendleton said this would fit in her goals 2 Regular Meeting Aspen City Council April 9, 1990 of trying to get the town back together. Councilwoman Pendleton said she would like staff to figure out the best time of the year, where. to have it, and the style. Mayor Stirling suggested Councilwoman Pendleton work with Bill Efting and come back to Council with a specific plan. Council agreed. 10. Councilman Gassman reported the committee on the Meadows to hire a financial consultant send out RFPs and has received 2 or 3 responses. The committee is meeting tomorrow to review these responses. Mayor Stirling asked that Councilman Gassman check with Bill Kane to see if the city needs to allocate more money for this . 11. Councilman Gassman reminded everyone there is a meeting of the Nordic council tomorrow, April 10 at 7:30 a.m. in the Council Chamber to discuss the operation of the Nordic trail system and ideas for next year. 12. Councilman Gassman told Council the community center project is moving along, and is being organized as a non-profit corpora- tion. Councilman Gassman said there has been a lot of input into the plan. Right now the plan anticipates saving quite a bit of the old building, keep some meeting space, day care space, senior housing and include around 20 low and moderate housing units. There has been a lot of work by the housing authority, planning, office, neighbors and the non-profit organization. 13. Councilman Gassman asked if the north side of town has been included in the pedestrian walkway task force. Amy Margerum, planning director, said it has been included. Councilman Gassman said pedestrian access from that part of town is not good and in light of increased development should get a lot of attention. 14. Councilman Peters told Council he received a memo from the Western Slope Railroad association who is concerned that the city may be losing portions of the Midland right-of-way before it has been decided whether this would be useful in the transportation element. Councilman Peters said it might be appropriate for Council to recommend to the county when they process the Little Cloud subdivision to take into consideration that right-of-way. Amy Margerum, planning director, told Council the city planning commission requested staff to amend the transportation element to include this right-of-way, which is being done. Councilman Peters asked if the developers have been alerted that this may become part of a final approval. Ms. Margerum said they were alerted and there was a condition on the approval. 15. Councilman Peters said Bob Gish has been invaluable to the city in the completion of the parking garage and in being an advocate for the owners' interest. Councilman Peters noted that Marolt ranch will soon be under construction. Gish has expressed 3 Regular Meeting Ashen City Council April 9, 1990 an interest in helping the city watch over its major construction projects. Councilman Peters suggested allowing Gish to become a resource person on the Marolt ranch. Councilman Gassman said this is a good idea and requested Acting City Manager Bill Efting following this up. 16. Councilman Peters -said at the executive session Council decided not to pursue the purchase contract for the Baldwin property. The price was too high. Councilman Peters asked Council to consider letting him work with Dave Myler and Harley Baldwin to see if they can bring a more acceptable offer back to Council. Council agreed. 17. Acting City Manager Bill Efting told Council the Ski Company has challenged the city. For every tree the city plants, they will plant on one of their mountains. Mayor Stirling said money was allocated in the budget last year for tree planting. Mayor Stirling suggested asking the Ski Company to match the city for every tree that is planted in 1990. 18. Mayor Stirling said the Colorado Association of Ski Towns is meeting in Glenwood Springs April 13 and 14. All Councilmembers are invited. 19. Mayor Stirling said there is a work session April 16 at 5 p.m. on the housing guidelines. The Boards and Commissions dinner is April 19 at 6:00 at Milan's. The fire department dinner is April 20th. CONSENT CALENDAR Councilman Gassman moved to adopt the consent calendar; seconded by Councilman Tuite. The consent calendar is: A. Minutes - March 26, 1990 B. Liquor License Renewals - Abetone, Tenth Hole Bar C. MEAN Mutual Aid Agreement D. Attorney Contract Extension - Fred Gannett E. Stipulations for Dismissal in 88CV184, 321, 355 F. Settlement Offer in Garrish Quiet Title Action G. Appointment of Steve Conner as Special Counsel (Campaign Violations) Mayor Stirling said he would like to discuss the appointment of Steve Conner as special counsel on campaign violations. Council- woman Pendleton said she is opposed to having Sandy Stuller take care of this because of a conflict of interest. The new city attorney would be unbiased. Councilwoman Pendleton said she does not think these were flagrant violations but misinterpretations of the law. Councilwoman Pendleton suggested someone talk to all parties involved to see if they would drop this claims. Council- 4 Regular Meeting ___ Aspen City Council April 9, 1990 woman Pendleton said staff should also look into rewriting the law to make it more clear. Councilman Peters said the people who have brought claims have done so within the contest of the ordinance, which allow these claims. The law said if someone brings a claim, the city will evaluate it to see it if has merit and either prosecute it or drop it. Councilman Peters said at least one of the violations is of the state statutes. Ms. Stuller said this can wait for the new city attorney. The statute of limitations on municipal ordinances is one year. Ms. Stuller said she thought the challenge was that citizens did not want any representatives of Council working on the violation evaluations. Councilwoman Pendleton said she feels Caswall is new and will not have any biases. Ms. Stuller said she does not accept the proposition that the city attorney cannot defend legislation they drafted. Ms. Stuller said an area where there may be a conflict if is individual members or their spouses are being challenged. If the point is that the public might interpret this as being retaliatory by Council against people who initiated recall, to give the appearance of propriety, someone can evaluate the merits of the case. Ms. Stuller said the people who made these claims are very serious about them and the claims are well documented. Ms. Stuller suggested if there is any problem with the city attorney's office at least going through evaluating the merits of these complaints, it should be done out of house. Councilman Peters said the independent counsel takes the city out of determining whether the cases are significant or not. Ms. Stuller said she feels the citizens deserve that independent review. All in favor, motion carried. RFTA 1989 FINAL SUPPLEMENTAL BUDGET APPROPRIATION Mayor Stirling opened the public hearing. Dan Blankenship. manager RFTA, said the final 1989 figures are in and a final appropriation is required to formally amend the budget to conform to actual experience. Blankenship said RFTA completed the year under budget and received an operating surplus of $500,000 due to unanticipated sales tax and to fare revenues. Blankenship told Council RFTA provided over 1, 846, 000 total rides, saw a 5.1 percent increase in city ridership, a 19.3 increase in downvalley ridership and a 10.6 increase in total ridership. Mayor Stirling closed the public hearing. Councilman Tuite moved to approved RFTA Resolution 90-3; seconded by Councilman Peters. 5 Regular Meeting _ Aspen City Council April 9, 1990 Blankenship said with the reduced fare program, the additional buses and the carpool program, this has made a dent in traffic on highway 82. All in favor, motion carried. Councilman Peters brought up S.B. 149, which would create state- wide incentives for private entities to develop mass transportation and widely defines that as everything other than buses and cars. There would be a licensing authority to pass on any mass transit system. Blankenship said this bill will be discussed next week. Mayor Stirling moved to directed Bill Efting to prepare a letter opposing this bill, and also refer it to CAST Friday; copies of the letter to CML and Senator Williams; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #14, SERIES OF 1990 - Oblock Subdivision Leslie Lamont, planning office, reminded Council the proposed development is for 10 free market units and 4 accessory dwelling units. P & Z recommended approval of subdivision and looked favorably upon the encroachment license the applicant is request to allow them to build an underground garage with only one entrance. The underground parking would be for 34 parking spaces. Ms. Lamont told Council the encroachment license approval will be before Council at their next meeting. The existing single family home on the parcel has been demolished for a replacement unit. The applicants are using 9 Lipkin transfer development rights estab- lished in 1980 when Smuggler trailer court was preserved. The 4 ADUs were given conditional unit approval at P & Z. Ms. Lamont said the staff has to process a code amendment to allow ADUs in multi-family dwellings. Ms. Lamont reminded Council they questioned the water main extension at first reading. Ms. Lamont told Council she talked to the water department who stated it is not imperative to get that extension. This has been eliminated from the conditions of approval. Ms. Lamont pointed out she added a condition about the pedestrian and sidewalk plan to read, "the street and sidewalks improvements shall comply with the pedestrian walkway and bikeway plan. In the event the plan is not adopted, they shall develop the street and sidewalk improvements as depicted upon the applica- tions". Councilman Peters said the deed restriction for the ADUs should be in the ordinance as a condition. Mayor Stirling asked about the large evergreen trees. Ms. Lamont said these trees have to be removed for the garage ramp and the applicants will try and relocate them and will bond the value of the trees in case they do not survive the relocation. 6 Regular Meeting Aspen City Council April 9, 1990 Michael Lipkin showed rendering of the proposed project. Lipkin said by putting the parking underground, they can turn the alley into an amenity for units and for the public. Lipkin, said-they have tried to break the buildings down so they read as separate residences. Lipkin said the accessory dwelling units are about 450 square feet, are garden level but do walk out onto patios. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #14, Series of 1990, on second reading as amended; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #15, SERIES OF 1990 - Library Rezoning to O, Office Leslie Lamont, planning office, told Council this application is to rezone the existing library from Public to O, office. P & Z recommended approval of the rezoning and also approved a change in use from public to office. Ms. Lamont suggested language in the ordinance to read, "It should be noted that the library has received credit for their existing employees as part of the Rio Grande SPA approval. This means that the users of the library building must mitigate all the employees associated with that new use. The housing authority guidelines establishing generation of 3 employees per 1,000 square feet in the office zone". Chuck Vidal, representing the library board, requested that that employee mitigation can be satisfied by a cash-in-lieu payment. Mayor Stirling opened the public hearing. Bil Dunaway urged Council to accept the recommendation of P & Z. Dunaway said to say this is one of the last remaining public zones is specious because Council can rezone property to public if it is a public use. Dunaway said this is a chance to get a new library, which the board has been working on for 3 years. Councilman Gassman said the Council cannot create public zoning just because they want to. Councilman Peters asked how staff would determine the appropriate size and number of units for employees for this parcel. Ms. Lamont said the use and 3 employees per 1,000 square feet determines the number. The applicant works with the housing authority to determine how many units would be low, moderate or middle. Dwight Shellman, RFTA member, requested a transportation easement in front the library. Shellman said the library board has informally agreed it would be all right for an easement with 7 Regular Meeting Aspen City Council April 9, 1990 uncovered seating. Shellman said the library board was concerned about having a structure in front of the building which would obscures the view. Shellman said the library board was also concerned that an easement may reduce the value of resale. Shellman said RFTA would like not to prohibit a covered structure and to give the assurance that review process would control that structure. Shellman said this easement must be granted by the Commissioners. Shellman said a long term goal of the community is to increase utilization of transportation. There is a great deal of difficulty in town creating access to curbs with all the other demands on curb space. Shellman said this is the second largest bus waiting area in town. Vidal said RFTA is asking permission to be able to have a struc- ture, in the worst case, that is 60 feet wide and block out the southern windows of the library building. Vidal pointed out the windows on the south side of the library are the only windows the building has currently. Vidal said the library board would be willing to allow cuing and benches in the green area or a structure similar to those being used around town. Vidal said to accept language without a defined structure is untenable. Vidal said this would compromise the value of the building for sale. Vidal said this has been considered by the Commissioners, who forwarded it to staff to come back with a joint solution between RFTA and the library. Shellman proposed a condition in the rezoning that substantial area be granted for bus waiting purposes and that the question of structure be determined after a thorough review. Vidal said the library board feels there should be more parameters put on this request. Ms. Lamont pointed out any structure will have to go through HPC review and approval. Mayor Stirling closed the public hearing. Vidal said the County told him that staff, including RFTA and the library board, were to work on this on report back to the Commis- sioners. Vidal said he would like one of the governmental entities to defer to the other. Shellman said this is a question of adequately serving transit within the city. Councilman Peters said he does not want this completely deferred to the county. Councilman Peters said what RFTA is requesting is far too broad. Councilman Peters said if the city is rezoning the property so that the library board can sell it, Council has to be cognizant of what they are doing to the value of the property. Mayor Stirling suggested this be tabled in order to find out the recommendation of staff to the Commissioners. Councilman Tuite said he is in favor of a new library and will approve the rezoning but questioned where the rezoning of public properties stop. Councilman Tuite said it is too bad the community 8 Regular Meeting Aspen City Council April 9, 1990 cannot come up with a use for this building and also pay the library what the property is worth. Vidal reminded Council the library has been discussing with Council for two years the new library and selling the old building. Councilwoman Pendleton said she would prefer to table this for two weeks. Mayor Stirling said he preferred the library to stay in its present site; however, Council voted to give it a new site on the Rio Grande. Mayor Stirling said there needs to be reliance at this point and will support the rezoning. Councilman Gassman said there is reluctance in converting public space to private office space. Councilman Gassman said he has problems with the rezoning; once it is gone, it is gone. Councilman Peters said if this is rezoning, the county will not have to raise the mill levy to pay for a new library. Councilman Peters said he is willing to support the rezoning because the process has gone on for a long. time. Councilman Peters said he is concerned about maintaining public property. Mayor Stirling moved to continue final consideration of Ordinance #15, Series of 1990, until April 23 at which time the planning director will report back the recommendation on the transportation easement; seconded by Councilman Gassman. Motion carried. -- ORDINANCE 7 SERIES OF 1990 - Van Deusen condominiumization Mayor Stirling opened the public hearing. Kim Johnson, planning office, said this is a condominiumization of an existing duplex at 1006 East Hyman. Planning office recommends approval with 6 conditions. Gary Moore, representing the ap- plicant, told Council they have problems with condition #2, to submit a drainage study done by a registered engineer. Moore pointed out this does not affect condominiumization at all. The building has been there; the water goes the same place whether this is a condominium or not. Ms. Johnson told Council drainage studies are required for multi-family projects but not duplexes. Ms. Johnson said duplexes should be excluded from requiring a drainage study at condominiumization stage or it should be required when a duplex is built. Moore told Council there are not problems in the neighborhood. Councilman Peters said usually historic runoff is maintained. The building and the pavement have been there; that is what creates historic runoff. Mayor Stirling moved to close the public hearing. Chuck Roth, engineering department, told Council when a duplex is built, storm water drainage does not have to be addressed. This only comes up under subdivision. 9 Regular Meeting Aspen City Council April 9, 1990 Councilman Peters moved to adopt Ordinance #16, Series of 1990, on second reading with the exclusion of condition #2; seconded by Councilman Tuite. Roll call vote; Councilmembers Pendleton, yes; Tuite, yes; Gassman, no; Peters, yes; Mayor Stirling, yes. Motion carried. ' Mayor Stirling moved to direct the planning director to bring a joint memorandum regarding the issue that either would reflect a policy change or give a different policy direction on drainage; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #17~ SERIES OF 1990 - Historic Designation Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #17, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Pendleton, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to approve a historic designation grant of $2,000; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #20, SERIES OF 1990 - Code Amendment Section 19 Elyse Elliott, engineering department, pointed out section 19-49(d) instead of having set costs of replacement, contains language that the city charge the contractor time and materials plus 100 percent, which should be an incentive for the contractor to do the work themselves. Ms. Elliott told Council to obtain a bond under this ordinance one needs proof of insurance and a license, which one needs anyway, and a bond. It cost $20 per $1, 000 for a bond, which should not be a big burden on any contractors. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Pendleton said the city ought to look at changing some of its specifications. Bob Gish, city engineer, said he will work with Councilwoman Pendleton on the specifications. Councilman Tuite moved to adopt Ordinance ##20, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #21, SERIES OF 1990 - Marolt Project Bonds 10 Regular Meeting Aspen City Council April 9, 1990 Bob Irvin, city's bond counsel, told Council this ordinance has changed since fist reading only with filling in the interest rates and setting the final term bond amounts. Connie Jungbluth told Council the average interest rate is 7.2 percent, which is what has been projected for the last several months. Irvin pointed out the April 15, 2005, sinking fund schedule starts in 2001 and runs through 2005. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #21, Series of 1990, on second reading as amended; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Tuite, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #22, SERIES OF 1990 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #22, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Councilman Tuite asked about the work on the 15th hole at the golf course. Acting City Manager Bill Efting told Council they work has been done but they will be finishing up the landscaping in the next few weeks. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #23, SERIES OF 1990 - Liquor License Training Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Pat Fallin suggested a change in Section 4.31 Education Require- ments, that if the managers or owners/operators are required to enroll in a seminar within 12 months, that they receive the certificate within 15 months, rather than 9 months. Councilman Tuite moved to adopt Ordinance #23, Series of 1990, on second reading as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 11 Regular Meeting Aspen City Council April 9, 1990 MAROLTfM.A.A. LEASE; MAROLT HOUSING AUTHORITY LEASE Fred Gannett, city attorney's office, told Council he met with the M.A.A this morning and resolved final issues. The M.A.A. is satisfied with the lease. Gannett told Council he negotiated an indemnification procedure where the M.A.A. will indemnify the acts of their employees. Bob Irvin said the if the M.A.A. should breach this, the damages are limited to those listed in 8.3 (i) , a two year lease payment. Councilman Peters said what was agreed to was if the M.A.A. abandons their festival, which is considered a default, there were options for liquidated damages or lease payments into the future, at the city's option. Gannett said this is still in there. There are two types of options. The liquidated damages stays in the lease. If the city elects this, it becomes the exclusive remedy the city has available. The second option would be to re-enter and take the premises. If the city takes option #2, the city would have the ability to ask for damages limited to a 2 year period. Councilman Peters said he would prefer to go with the previous agreement. The city would have two choices; liquidated damages up to two years or rent payments for the full term of the lease with __ the provision the city make its best efforts to mitigate this by renting or releasing the property. Councilman Peters said the city is building a substantial project, using a great piece of land, for a limited purpose. Councilman Peters said the language should be clear and strong that the city wants the M.A.A. to use it. Gannett told Council he will discuss this with the M.A.A. before the ground breaking tomorrow. Mayor Stirling moved to approve the M.A.A./Marolt lease with amendments; if the amendments are acceptable to the M.A.A. the Mayor is given the authority to sign the lease; seconded by Councilman Peters. All in favor, motion carried. Councilman Gassman moved to approve the lease between the city of Aspen and the Pitkin County housing authority; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #19, SERIES OF 1990 - Water Tap Fee Increase Councilman Gassman moved to read Ordinance #19, Series of 1990 seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #19 (Series of 1990) AN ORDINANCE ENTITLED: "RE: 1990 WATER SYSTEM FIRE PROTECTION RATE AND CHARGE REVISIONS; AMENDING DIVISIONS 12 Regular Meeting Aspen City Council April 9, 1990 2 AND 3, ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, AS Follows: BY AMENDING SECTION 23-62 TO ESTABLISH A CREDIT FOR CHARGES PREVIOUS- LY PAID FOR WATER SERVICE CONNECTIONS; AND AMENDING SECTION 23-58 FOR THE PURPOSE OF INCREASING UTILITY INVESTMENT CHARGES; AND AMENDING SECTION 23-101 FOR THE PURPOSE OF INCREASING THE RATES FOR FIRE PROTECTION was read by the city clerk Councilman Gassman moved to adopt Ordinance #19, Series of 1990, on first reading; seconded by Councilman Peters. Cindy Wilson, finance director, pointed out this ordinance does not increase the monthly fees except for the fire protection charge. Ms. Wilson said there are other justifications in order to be equitable between all customers in the city. John Musick, city's water counsel, said there are two reasons for raising tap fees as well as water rates. One is the way the system has been designed, each person within the community shares an equitable portion of improvements to the system. When there is a reduction in tap fee revenue due to employee housing on the assumption that employee housing benefits the community, to only adjust the rate increase for tap fees does not cause residents within the city to bear their fair share. Musick said the best way to accomplish this would be to maintain a proportional increase in tap fees and water rates consistent with the proportional rate increases when the water system was established; a 60/40 split between capital costs to tap fees customers as well as rate payers. Musick said Council can avoid the users rate increase governed by financial consideration, which is is there Sufficient revenue being generated by the tap fee increase at 8 percent to offset the loss in revenues by an employee housing tap fee waiver. Ms. Wilson told Council based on the budget the city is anticipating for tap fees for future years, the 8 percent is only $48,000 per year. This number is not comparable with the amount being waived. Councilman Tuite said he would rather see new construction pay for the waiving of the employee housing tap fees. Musick pointed out this ordi- nance establishes a policy for remodels. and the credit for utility investment charges. Musick said this ordinance also attempts to move fire protection costs and capital costs attributable to fire protection out of the tap fee and water rate structure and into a tax deductible. Musick corrected the rate on page 5 to $1.3963. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. HADID CONSTRUCTION SCHEDULE 13 Regular Meeting Aspen Citv__Council April 9, 1990 Bob Gish, city engineer, told Council staff has met with the applicants to try and finalize these schedules. Gish reminded Council in February they moved to have Hadid present a schedule within 30 days. Gish noted the submitted schedule appears to extend the time table of the approved PUD indefinitely, is too general and requires more detail and hard dates, which dates should be incorporated back into the original PUD dgcuments. Gish pointed out the completion for the Ritz Carlton has been extended to October 1991. Gish told Council staff feels this is a realistic schedule. Gish told Council the building department has scheduled a meeting with the Board of Appeals to request a variance of the 10 percent completion every 60 days. Gish said if Council adopts this schedule, staff will review it on a quarterly basis with notes to Council on the consent agenda. Amy Margerum, planning director, requested Council table any formal action on the schedule to work with the applicant and come back with an amendment to the PUD agreement. Ms. Margerum said staff does not have a problem with the Ritz schedule; however, there should be some deadlines for the rest of the PUD. Perry Harvey, representing the applicant, told Council his concern on the development schedules is the difficulty of predicting the approval process. Harvey said Summit Place is taken care of; they will start construction this summer and complete in 15 months. Phase II has been submitted. The park and ice rink is in a four- step process. Harvey told Council as soon as the applicants have a final approval on phase II, they will know how many of the 47 units are going on that parcel and can begin design for the Top of Mill. Harvey reminded Council the PUD agreement states the demolition of the Grand Aspen has to be 3 years after a c/o on the Ritz and that the reconstruction credits have a 2 year life from the date of the demolition permit. These finite dates are in the PUD agreement. Harvey asked Council what they really want to see in the construction schedule. Harvey said within 4 to 6 months after approval of phase II, Top of Mill will be submitted. Ms. Margerum suggested the deadline dates could be application dates for the rest of the PUD. Harvey reiterated they have already applied for phase II. The Top of Mill is the remaining element of the PUD and they cannot apply until they know how many of the 47 units will be on phase II. Councilman Peters said he wants hard completion dates in the final agreement; completion dates for the Ritz, the park and rezoning and building the Bavarian. Councilman Peters said the law states the PUD shall have construction schedules and shall be finished at a date certain. Gish said staff feels the October 1, 1991 is a realistic completion date. Council agreed with this date. 14 Regular Meeting __ ___ Aspen City Council April 9 , 1990 Gish told Council the applicants have agreed to give a written narrative for each 90 day construction schedule, indicating the accomplishments and the schedule for the next 90 days. Gish requested the final draw for the $250,000 escrow for the drainage plan be extended from April 1992 to 1994 consistent with Council's direction to work on the capital program for Aspen mountain. Mayor Stirling suggested the 30 day deadline be extended; staff and the applicant refine this schedule and report back on April 23. Council agreed. HADID RE UEST FOR OFFICES AT GRAND ASPEN HOTEL Perry Harvey, representing the applicant, told Council the PCL trailer will have to be moved off the ice rink .site. The Code addresses temporary uses, uses required in construction phases, but does not have a process how one obtains a temporary use permit. Harvey told Council they have construction management people for the park, Ritz, Ute City Place. They wanted to take some space in the Grand Aspen and reconfigure these into offices on a temporary basis. Amy Margerum, planning director, said this should be done by resolution at the next Council meeting. Ms. Margerum said there should be an ending date and conditions of approval. Ms. Margerum said staff feels visually it will be better to have the trailers gone. The Grand Aspen has been scheduled for demolition, so staff is-not concerned this will turn into a long term use. ORDINANCE #26, SERIES OF 1990 - Ute Trail Townhouses Subdivision (Mayor Stirling left the room due to a conflict of interest). Councilman Peters moved to read Ordinance #26, Series .of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #26 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FINAL PUD/SUBDIVISION, REZONING FROM R-6/PUD TO RMF/PUD, GMQS EXEMPTION FOR AFFORDABLE HOUSING, CONDOMINIUMIZATION FOR ALL UNITS AND VESTED RIGHTS FOR LOT 15B, 831 UTE AVENUE was read by the city clerk Councilman Peters moved to adopt Ordinance #26, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Leslie Lamont, planning office, told Council this is the fourth step in a four-step process. Council is reviewing a PUD sub- division; rezoning from R-6 to RMF; GMQS exemption for 7 affordable housing units; condominiumization, and vested rights. Ms. Lamont said the applicant is asking Council to waive the park dedication fees for the affordable units, which would be $14,080. The 15 Reqular Meeting Aspen City Council April 9, 1990 applicant is requesting rear and side yard setbacks, open space from 35 to 29 percent, parking reduction from 12 to 8 spaces for the free market; 8 parking spaces for the affordable housing units was approved by P & Z under special review; a height variance from 15 to 30 feet. Ms . Lamont told Council the project is 3 free market units ; the pedestrian circulation throughout the project has been improved. The applicants have reduced the amount of building area that will be above the 25 feet height limit. Ms. Lamont told Council the housing authority is still working with the applicant to establish net livable area to determine which units are low, moderate or middle. Ms. Lamont told Council there has been a lot of discussion on the width o f the Aspen mountain road . When 7 7 7 Ute went through GMP, they dedicated 10 feet as a road easement to help bring the road up to an adequate width. The applicants propose to dedicate 6 feet. The engineering and fire department state they need at least 2 0 feet unobstructed for emergency access . P & Z recommended the other 4 feet be maintained unobstructed without landscaping or signs for a total of 20 feet. Staff does not feel comfortable with that. Ms. Lamont recommended that 4 feet be made into a sidewalk with a rolled curb. Bill Lipsey, representing the applicant, presented a massing model, showing the orientation of the project, surrounding developments, the free market units, the affordable housing units, parking. Lipsey told Council they have increased the height of the garage for the resident occupied unit for about 3/4 of the area another 8 feet so there will be storage above the garage. Lipsey said this does not require an FAR variance; it fits in terms of height and area. Lipsey said the trash enclosure encroaches on the side yard setback. This has been shown in this location through the whole process but has not been addressed. Lipsey showed the side yard and rear yard encroachments. Lipsey showed where the structures exceed the 25 foot height limit, the back of the free market units and the roof of the resident occupied unit. Lipsey showed the access rood and the 5 foot buffer between the road and the west wall of the free market units. Lipsey said staff has requested 4 of that 5 feet for a sidewalk to get the 20 foot wide emergency vehicle access. Lipsey told Council 777 Ute has agreed to put a sidewalk on their side of the Aspen mountain road for the full length of their property. Lipsey said this would be a better solution and the applicants would not have to build pavement right up to the wall of their project. Mayor Pro Tem Gassman said the road issue should be resolved with the interested parties between now and the public hearing. Jody Edwards, representing the applicant, presented a replat of the Billings property done in 1980 Book 10 page 91 in which Billings 16 Regular Meeting Aspen City Council April 9, 1990 dedicated a public road easement along that road. This was accepted by the city. The land is owned by 777 Ute and Nelson Devore with a public road easement. Ms. Lamont told Council the variances have all been approved by P & Z except the trash enclosure. Mayor Pro Tem Gassman asked if the size and range of units will be done by the public hearing. Ms. Lamont said staff just needs to verify the livable square footage and make a recommendation on their category. Edwards said there is a comment from a neighbor that this rezoning may not be ap- propriate for the neighborhood and that this might be spot zoning. Edwards submitted to the record a response to the spot zoning issue. Edwards told Council he has submitted to staff a proposed subdivision/PUD agreement, which should be worked out before the public hearing. Edwards suggested adding a sentence to the ordinance that Council approve the PUD agreement for Ute Trail Townhouses. Edwards requested a new section 2 be added which states Council approves the final plat and authorize the Mayor Pro Tem to sign that plat. Karinjo Devore said there should be a distinction between the free market units, called Ute Trail Townhouses, and the affordable housing units, named Billings Place. Ms. Devore said Billings Place should be exempt from the Ute Trail Townhouses homeowners association and from the sidewalk, curb and gutter district. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Mayor Pro Tem Gassman, yes. Motion carried. Mayor Pro Tem Gassman moved that by the public hearing that the applicant finalize which housing guidelines will apply to the affordable units and also reach an agreement with the fire depart- ment and engineering department regarding the road access; seconded by Councilman Peters All in favor, motion carried. HIGHWAY 82 DESIGN LETTER Mayor Stirling told Council he met with staff and put together a general framework on this letter. Mayor Stirling said the letter suggested an advisory council be put together. Councilman Gassman said the committee is made up entirely of public or non-profit agencies except the Ski Company and Airport Business Center. Councilman Gassman suggested either sticking to public/non-profit or to include all the ski companies. Amy Margerum, planning director, told Council this committee was borrowed from the one suggested earlier during the Harvard presentation. Ms. Margerum told Council there have been suggestions to add a Pfister property representative, Parks Association, and ACES representatives. Mayor Stirling suggested a representative from Aspen Highlands. Ms. Margerum recommended limiting the members-at-large to 7. Ms. 17 Reaular Meetina Aspen Citv Council ___ April 9, 1990 Margerum told Council she will solicit members and return to Council by May 14th. PARKING GARAGE TENANT Mayor Stirling said this space cannot be leased to any commercial operation because of the way the bonds are structured. Sandy Stuller, city attorney's office, said no use can be allowed which would make these ineligible for tax exempt bonds. Cindy Wilson, finance director, told Council the current long range plans for the parking garage assumes $40,000 annual lease income on that space. Ms. Wilson said $40,000 is not that significant in the fund; the larger income is user revenues which are estimated at $300,000. Ms. Wilson told Council if there are. no revenues in 1990, there will be a $250,000 short fall in the fund and will have to be made up from some other fund. Ms. Wilson said in future years, the growth in the sale tax revenue will offset the operating costs. Bob Gish, city engineer, told Council the leasing of this space will be an important step to make the garage successful. Gish told Council he approached the ACRA to see if they were serious about leasing this space. Tom Hines, ACRA, reminded Council in June 1989, the ACRA proposed some possible uses of this structure. Hines said the ACRA had just signed a new lease for their current building. With Council's decision not to furnish any money for tenant finishing, this was filed away. Hines. told Council he spent a lot of time with the contractors looking at potential uses of this space, how it could generate income, how people could be attracted to this space. Hines said by having a transportation and visitor center, well signed, people will be attracted to parking, staying, spending money. Hines said the big question is who will run the operation. Councilman Gassman said he feels this is an appropriate use. Councilman Gassman said he does not want the visitors center moved out of the Wheeler. Don Sheeley said the ACRA totally agreed. Councilmembers Peters, Pendleton and Tuite agreed. Councilman Gassman said he would look at moving part of the visitors center to the parking garage but it is very important to have a visitor's information service downtown. Councilman Peters said this will be a tough space for anyone and the city may have to find some money to finish the space. Mark Friedberg, AVIA, told Council the Board has asked him to again address malling more of the downtown streets, which would further encourage people to use the parking structure. Hines told Council the ACRA will not be able to help much with construction costs for this space. Councilman Peters moved to direct Bob Gish to prepare a lease option with the ACRA that would delineate lease payments, lease 18 Regular Meeting Aspen City Council April 9, 1990 terms and uses of the lessee for the parking garage, including tenant finish issues; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Tuite moved to suspend the rules and meet for 10 more minutes; seconded by Mayor Stirling. All in favor, with the exception of Councilman Gassman. Motion carried. CITY-OWNED DUPLEXES - 705/707 Cemetery Lane Councilman Gassman said the city is going to buy Elyse Elliott's unit and fund it from the housing transfer tax. Councilman Gassman asked if the maintenance work on these duplexes can also be done from the housing transfer tax. Bill Efting, acting city manager, suggested the money be taken from the contingency fund to get the work started and then refunded from the housing tax. Councilman Tuite said the rent can be put back into the housing fund instead of the general fund. Mayor Stirling moved to direct Bill Efting to proceed with the maintenance work, take the money out of the contingency and research whether the city can use the hrett for this repair, and to transfer the rent into the hrett; seconded by Councilman Gassman. The budget for repairs at 705/707 Cemetery Lane is $5,000. All in favor, motion carried. BOARDS AND COMMISSION APPOINTMENTS Councilman Peters moved to appoint Augie Reno as an alternate to the Board of Appeals; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Gassman to reappoint Ron Erickson to the Board of Adjustment; seconded by Councilman Peters. All in favor, motion carried. Councilman Peters moved to appoint Edward Sweeney to the Wheeler Opera House Board; seconded by Councilwoman Pendleton.. All in favor, motion carried. Councilman Gassman moved to appoint Pat Fallin to the Wheeler Opera House Board; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Tuite moved to appoint Jake Vickery to the HPC as an alternate; seconded by Councilwoman Pendleton. All in favor, motion carried. Council directed the city clerk's office to re-advertise for an alternate for the CCLC and two alternates for HPC. 19 Regular Meeting Aspen City Council April 9, 1990 Council adjourned at 9:30 p.m. ~~ Kathryn Koch, City Clerk 20